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HomeMy WebLinkAboutRESOLUTIONS - 05102004 - 2004-566 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on October 19, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, AND DESAULNIER NOES: NONE ABSENT: SUPERVISOR FEDERAL GLOVER. ABSTAIN: NONE RESOLUTION NO. 20()4/566 SUBJECT: Approve the Second Extension of the Subdivision Agreement (Right-of-Way Landscaping) for Subdivision 99-08154, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision Agreement (Right-of-Way Landscaping) between Windemere BLC Land Company, LLC and the County for construction of certain improvements in Subdivision 99-08154,in the San Ramon(Dougherty Valley)area,through April 9, 2005; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 95% ♦ ANTICIPATED DATE OF COMPLETION: December 1, 2004 ♦ REASON FOR EXTENSION: The improvements are complete and the walk-through is underway for acceptance. IT IS BY THE BOARD RESOLVED that the recommendation ofthe Public Works Director is APPROVED. Mrm G:1GtpDatalEng5vc1BO\2004110-19-04\SD 99-08154 BO-11 L.doc I hereby certify that this is a true and correct copy of an action taken Originator Public Works(ES) and entered on the minutes of the Board of Supervisors on the date Contact: Teri Rie(313-2363) Shown W. Public Works—T.Bell,Construction Current Planning,Community Development ATTESTED: OCTOBER 1.9, 2004 T—February 9,2005 Windemere BLC Land Company,LLC JOHN SWEETEN, Clerk of the Board of Supervisors and County 3130 Crow Canyon Road#310 Administrator San Ramon,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,CA 94998 By , Deputy RESOLUTION NO.2004! 566 Contra Costa County RIGHT-OF-WAY LANDSCAPING AGREEMENT EXTENSION Development Number: Subdivision 8154 Developer: Windemere BLC Land Company,L.L.C. Original Agreement Date: April 9, 2002 Second Extension New Termination Date: April 9,2005 Improvement Security Security Tyne Security Amount Cash: $ 1,000.00(1% cash,$1,000 Min.) Bond: $63,000.00(Performance) $32,100.00 (Labor&Material) Bond No. (Date): 11127507769 (February 27,2002) Surety: The American Insurance Co. The Developer and the bonding company desire this Agreement to be extended through the above date;and Contra Costa County and said Surety(or Financial Institution)hereby agree thereto and acknowledge same. 6 , p Dated: August 1 7, 2004 Dated: 11 ' i ��t'� (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Maurice M Shiu,Publics W Dir By: !% Est° \ �N: Printed 25 Enterprise Aliso Viejo, CA 92656 Address RECOMMENDED FOR r The American Insurance Company By: Surety or Financial Institution (Engineering Sere es sio 777 San Marin Drive Novato, CA 94998 Address 4 R Attorney in Facts Signature (NOTE.- Developer's, Surety's and Financial Institution's Signatures must be Notarized.) Eileen M. Robison Aucust 12. 2004 Printed After Approval Return to Cork of the Hoard FD as APPROVED, ;war J,W-.rmn County Q2wu WINDEMERE BLC LAND COMPANY, LLC, a California limited liability company By: ,LEN-OBS WINDEMERE, LLC,a Delaware limited liability company,its Managing Member By: LENNAR HOMES OF CALIFORNIA, INC.,a California corporation,its Managing Member By: David Evans, Vice Plisident By: K-4 &Se Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On August 17, 2004 before me, Dina Printv, personally appeared David Evans and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and official seal. k; aIrv� C Commission# 1483b10 m ` ; Notary Public.Cafl►omfo n o � Orange County 4iy Comm.Expires Nov 28,2007 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: David Evans—Vice President Lennar Homes of California Inc. Dee Baker-Assistant. Secretary Lennar Homes of California Inc. DESCRIPTQN OF ATTACHED DOCUMENT Type of Document: Right-Of-Way Landscaping Agreement Extension for Surety Bond No. 11127507769 Number of Pages: Two (2) Date of Document: August 17, 2004 Signers (other than those named above): Eileen M. Robinson CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT T' State of California ss. County of � ��+ On /A 9001/ ,before me, , » '4• C x w-4 Date Name and 7iM W CNtioerte.p•,:lane Cite,Notary personally appeared L�r`itvtYt tX. 1?o6tso , Narrre(s)of Signe ts) personally known to me D proved to me on the basis of satisfactory evidence to be the person(A whose name(;r) is/e/e subscribed to the within instrument and acknowledged to me that 01she/tt*y executed the same in Vs/her/t4ir authorized capacity(i4), and that by hAlherlthAir ,- KRISTIN GAll©l.l signature(?)on the Instrument the person, or n(? COMM, x 1486 1 t g � the entity upon behalf of which the person U. NOTARY PUBLfC-CAUFORNIA ached, executed the instrument. gt MARiN COUNTY My COMM,FX068 APRIL 20,M `t WITNESS my hand and official seal. VVA PUM NWAq seal Above s gnature OPTIONAL — Though the information below is not required bylaw,it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Ttie or Type of Document: ;"!I "�rla+n /!/�7�'p'�►7lrq Document Date: Number of Pages:., Signer(s)Other Than Named Above: Capacity(ies)Claimed by Signer Signer's Name: Ct Individual fop of tht"b here D Corporate Officer—Tttie(s): 0 Partner---d Limited ©G © Attorney In Fact 0 Trustee 0 Guardian or Con ator O Other Signer Is Rep r senting: FIREMAN'S FUND INSURANCE COMPANY NATIONAL SURETY CORPORATION ASSOCIATED INDEMNITY CORPORATION THE AMERICAN INSURANCE COMPANY AMERICAN AUTOMOBILE INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW AIL MEN BY THESE PRESENTS: That FIREMAN'S FUND INSURANCE COMPANY, a California corporation, NATIONAL SURETY CORPORATION,an Illinois corporation,THE AMERICAN INSURANCE COMPANY,a New Jersey corporation redomesticated in Nebraska, ASSOCIATED INDEMNITY CORPORATION, a California corporation, and AMERICAN AUTOMOBILE INSURANCE COMPANY,a Missouri corporation,(herein collectively called"the Companies")does each hereby appoint Eileen M. Robison of Novato, CA their true and lawful Attorneys)-in-Fact, with full power of authority hereby conferred in their name, place and stead, to execute, seal, acknowledge and deliver any and all bonds,undertakings,recognizances or other written obligations in the nature thereof------------ and to bind the Companies thereby as fully and to the same extent as if such bonds were signed by the President,sealed with the corporate seals of the Companies and duly attested by the Companies'Secretary,hereby ratifying and confirming all that the said Attorney(s)-in-Fact may do in the premises. This power of attorney is granted under and by the authority of Article VII of the By-laws of each of the Companies which provisions are now in full force and effect This power of attorney is signed and sealed under the authority of the following Resolution adopted by the Board of Directors of each of the Companies at a meeting duly called and held,or by written consent,on the 19th day of March, 1995,and said Resolution has not been amended or repealed: "RESOLVED,that the signature of any Vice-President,Assistant Secretary,and Resident Assistant Secretary of the Companies, and the seal of the Companies may be affixed or printed on any power of attorney,on any revocation:of any power of attorney, or on any certificate relating thereto,by facsimile,and any power of attorney,any revocation of any power of attorney,or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Companies." IN W11'NESS WHEREOF,the Companies have caused these presents to be signed by their Vice-President,and their corporate seals to be hereunto affixed this 2nd day of--- November 7-001 . �"p"�'-�" w, FIREMAN'S FUND INSURANCE COMPANY ��' •• ."�• a * ._ � NATIONAL SURETY CORPORATION THE AMERICAN INSURANCE COMPANY OR w L.11 ASSOCIATED INDEMNITY CORPORATION AMERICAN AUTOMOBILE INSURANCE COMPANY STATE OF CALIFORNIA COUNTY OF MARIN SS. By Vice-['resident On this 2nd -day of November , 2001 ,before me personally carne Donn R. Kolbeck to me known,who,being by me duly sworn,did depose and say:that he is a Vice-President of each company,described in and which executed the above instrument;that he knows the seals of the said Companies;that the seals affixed to the,said instrument are such company seals;that they were so affixed by order of the Board of:Directors of said companies and that he signed his name thereto by like order. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal,the day and year herein first above written. KRISTIN A.GA�ZOL! D w COMM.#1262236 > 4 NOTARY PUSUC-CALIFORNIA { , MARiN cOUNTY 0 < My comm.F_cpires ApA!29,200E 'a STATE OF CALIFORNIA SS. CERTIFICATE 4L H COUNTY OF MARIN L the undersigned, Resident Assistant Secretary of each company, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force and has not been revolved;and furthermore that Article VII of the By-laws of each company,and the Resolution of the Board of Directors;set forth in the Power of Attorney,are now in force. Signed and sealed at the County of Marin. Dated the 12th day of August 2004 , LN,CR/+,`. '.. `a ®r ) rics co. • * r a :6 E w L i` t'+ Resident Assistant SpAlaq TO: BOARD OF SUPERVISORS C2 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: October 19,2004 SUBJECT: Approving the Second Extension of the Subdivision Agreement(Right-of-Way Landscaping), Subdivision 99-08154. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2004/ 566 for Subdivision 99-08154,approving the second extension of the Subdivision Agreement(Right-of-Way Landscaping),being developed by Windemere BLC Land Company,LLC, San Ramon (Dougherty Valley) area. (District EEL) FISCAL IMPACT: None. BACKGROUND/REASON(5) FOI2. RECOMMENDATION(S): The first agreement extension has expired for Subdivision 99-08154. The landscape improvements are not complete. Therefore,the developer is requesting a second extension. CONSEQUENCES OF NEGATIVE ACTION: With the first agreement extension expired,the developer will not be able to complete the improvements as per the original Subdivision Agreement(Right-of-Way Landscaping). Continued on Attachment: SIGNATURE: COMMENDATION OF COUNTY ADMINISTRATOR � �RECOMMENDATION OF BOARD COMMITTEE ::.,&i''' ROVE OTHER SIGNATURES ACTION OF BO r ON OCTOBER. 19, 2004 APPROVED AS RECOMMENDED xX OTHER I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the VOTE OF SUPERVISORS date shown. XX UNANIMOUS(ABSENT V ) AYES: NOES: ABSENT: ABSTAIN: ATTESTED: OCTOBER 19, 2004 JOHN SWEETEN, Clerk of the Board of G:\GrpDatal£ngSvc\BOL20D4\10-19-041SD 99-08154 Order L.doc 0rtp.Div: Public Works(£S) Supervisors and County Administrator Contact: Teri Ric(313-2353) cc: Public Works—T.Soli,Construction Current Planning,Community Development T—February 9,'2005 Windem 13 SLC Land Canyon 310 By ��'>�.'' -.'' , Deputy 313fl Crow Can n Road#310 i? /`� San Ramon,CA 94583 The American Insurance Company Attn:Eileen Robison 777 San Marin Drive Novato,:CA 94998